Rule 37 - Access to the register

1. The Registrar shall ensure access to the register in accordance with the Rules of Procedure.

2. The Registrar shall ensure that any information ordered to be kept confidential by the Court is subject to the appropriate access restrictions in the register.

3. The Registrar shall give effect to a decision of the Court to allow access to any information classified as confidential, by providing the appropriate access. (Ref.: Art. 10, 45, 58 UPCA, 262 RoP)

Case law

IPPT20240306, UPC CFI, CD Paris, Bitzer Electronics v Carrier

Request for access to documents rejected (Rule 262 RoP). The Rule has to be interpreted, according to the literal wording of the provision, meaning that it refers to only written pleadings and evidence lodged by the parties and that it does not include other documents which are uploaded in the CMS (see UPC_CFI_75/2023 CD Munich, order of 21 September 2023). Does not apply to communications between the registry and the parties and to evidence of activities carried out by the Registry (examination of formal requirements). The same can be said with regard to an order, issued by the Court regarding a request of stay of the proceedings, because it cannot be deemed as written pleadings or evidence lodged by one of the parties. It may be added that the interest of members of the public to know the status of a patent and, in particular, whether it is subject to an opt-out or not can be satisfied by accessing to the Register pursuant to Rule 37 of the Rules governing the Registry of the Unified Patent Court.